HomeMy WebLinkAbout20181376.tiffBOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Consultant Services
DEPARTMENT: Public Safety Communications DATE: 03-21-2018
PERSON REQUESTING: Michael R Wallace
Brief description of the problem/issue:
WCRCC would like to contract Mark Lawley for consultant services to review and make recommendations for
Priority Dispatch Fire Protocol to WCRCC. This is a Protocol similar to EMD that we would like to propose to
the Fire Chief's for purchase county wide in the dispatch center as an additional service that WCRCC would
provide.
I am asking the board for authorization to enter into a Personal Services Contract with Mark Lawley at $57.00
per hour basis for consulting work on this project, not to exceed $10,000
Project estimation is approx. 160 hours.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
Approve - Personal Services Contract with Mark Lawley
Disapprove — Personal Services Contract with Mark Lawley
Recommendation:
Approve Recommendation to enter into a Personal Services Contract with Mark Lawley
Sean P. Conway
Julie A. Cozad
Mike Freeman
Barbara Kirkmeyer, Pro-Tem
Steve Moreno, Chair
Approve
Recommendation
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Schedule
Work Session
Other/Comments:
2018-1376
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CONTRACT SERVICES AGREEMENT
THIS AGREEMENT is made this )O day of 02018, by and between Weld County,
hereinafter referred to as County, and Mark Lawley, herein er referred to as Contractor.
S i services for th2e Co - and
receive services from Contractor, tinder the terms of this agreement and
WHEREAS, Contractor and the County desire to set forth their respective rights, obligations
and duties in this agreement;
NOW, THEREFORE, In consideration of the mutual covenants contained herein, the parties
agree as follows:
1. Services. Contractor shall provide services as outlined in the statement of work, marked as
Exhibit A and attached and incorporated herein.
Contractor hereby accepts and agrees to such service agreement, subject to the general supervision and
pursuant to the orders and direction of the County.
2. Legal Relationship of Parties. For all purposes, Contractor is a temporary part time employee
of County.
3. Best Efforts of Contractor. Contractor agrees that he will at all times faithfully, and to the
best of his ability, experience and talents, perform the duties that may be required of and from him
pursuant to the express and implicit terms hereof, to the reasonable satisfaction of the County.
4. Term of Service. The term of this agreement shall commence April _30th_ 2018, and
continue through December _31st 2018 subject to prior termination as hereinafter provided.
S. Compensation.
A. County agrees to pay Contractor for services performed as established in Exhibit A. Contractor
may bill $57.00 per hour for both. County shall withhold FICA, Medicare, federal, and state
taxes from payments, however, no other benefits will be provided pursuant to this agreement.
B. Payment to Contractor will be made only upon presentation of a proper claim by Contractor,
itemizing services performed.
C. Payment for services and all related expenses under this Agreement shall not exceed
$_10,000.00 without prior written approval.
D. In the event County shall require changes in the scope, character, or complexity of the work to be
performed, and said changes cause an increase or decrease in the time required or the costs to
Contractor for performance, an equitable adjustment in fees and completion time shall be
negotiated between the parties and this Agreement shall be modified accordingly by a
supplemental Agreement. Any claims by Contractor for adjustment hereunder must be made in
writing prior to performance of any work covered in the anticipated supplemental agreement. Any
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change in work made without such prior supplemental agreement shall be deemed covered in the
compensation and time provisions of this Agreement.
6. Termination. Either party may terminate this Agreement without cause, upon thirty days
written notice to the other party. In such event, the Contractor shall continue to render services required
under this Agreement and shall be paid the compensation set forth in this agreement up to the date of
termination, and no severance shall be paid to the Contractor. Notwithstanding anything contained herein
to the contrary, Contractor reserves the right to suspend Contractor from perfonnance of his duties for
cause, including safety and public welfare concerns.
7. No Legal Authority. Notwithstanding anything contained herein to the contrary, Contractor
shall not act as an agent for the County in any matter and shall not have the right to make any contracts
or legally binding commitments on behalf of the County.
8. Waiver Qf Breach. The waiver of the County or the Contractor of a breach of any provision
of this Agreement by the other party, shall not operate or be construed as a waiver of any subsequent
breach.
9. Entire Agreement. This Agreement contains the entire understanding between the parties. It
may not be changed except by agreement, in writing, signed by both parties hereto.
10. No Assignment. This Agreement shall inure to the benefit of and be binding upon the parties
hereto, and upon their respective successors and assigns; provided, however that this Agreement shall be
deemed a professional services contract and cannot be assigned or delegated by Contractor to any third
party.
11. Unlawful Emalovees, Contractors and Subcontractors. Contractor shall not knowingly
employ or contract with an illegal alien to perform work under this Contract. Contractor shall not
knowingly contract with a subcontractor that (a) knowingly employs or contracts with an illegal alien to
perform work under this Contract or (b) fails to certify to the Contractor that the subcontractor will not
knowingly employ or contract with an illegal alien to perform work under this contract. Contractor shall
comply with any reasonable request of the Colorado Department of Labor and Employment made in the
course of an investigation pursuant to Section 8-17.5-102(5), C.R.S.
12. Governing Law. The parties intend to rely on the laws of the State of Colorado for the
enforcement of this agreement.
13. Ownership. All work and information obtained by Contractor under this Agreement or
individual work order shall become or remain (as applicable), the property of County. This includes, but
is not limited to. reports, data, plans, drawings, records and computer files. All reports, test results and all
other tangible materials obtained and/or produced in connection with the performance of this Agreement,
whether or not such materials are in completed form, shall at all times be considered the property of
County. Contractor shall not make use of such material for purposes other than in connection with this
Agreement without prior written approval of County.
14. Taxes and Emulovee Status. Contractor will be considered a part-time, temporary
employee of the County. County will be withholding FICA, Medicare, federal, and state taxes from
payments and reporting them on a W-2 at year end. The Contractor acknowledges the temporary nature
of this agreement.
Contract Services Agreement Page 2
IN WITNESS WHEREOF, the parties have executed this agreement on the date and year set forth
hereinabove.
THE COUNTY: CONTRACTOR:
WELD COUNTY
Mike Freeman, Acting Chair Pro-Tem
Board of Weld County Commissioners
APR 302018
Exhibit A
Contract Services Agreement
Page 3
O2O/t i3 76,
Elected Official or Department Head
RE: PERSONAL SERVICES CONTRACT - MARK LAWLEY
ROVED AS TO SUBSTANCE:
Controller
APPROVED AS TO FORM:
it/
County Attorney
Purpose
The purpose of this scope of work is to review the benefits for the fire departments for the
implementation for Emergency Fire Dispatcher(EFD) protocols. With decades of fire service experience
locally, Mark Lawley will use his familiarity with Weld County Fire Departments and the types of calls
to determine if this product will be beneficial for them.
Deliverables for this Contract
1. Mark Lawley will need to examine the EFD protocols. This will be done through a review of the
material and an educational meeting with the Executive Management team of WCRCC. The
following questions will need to be answered:
a. Are they protocols a benefit for the fire departments?
b. If so, what are the benefits?
i. Liability?
ii. Proper deployment of Resources?
iii. Cost Savings?
iv. Consistent information gathering?
v. Others?
c. If the departments are able to tailor their response based on EMD code will they use it
to drive lights and sirens response? Is that a benefit?
d. What is the best way to approach the fire department with the idea of protocols?
e. What are the areas that will interest them the most?
i. ISO Ratings?
f. What are the possible barriers or issues they might have with the product?
2. Attend the demonstration provided by IAED on May 16th immediately following the Fire Chiefs
meeting at Kersey Fire Department.
Contract Services Agreement Page 4
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